Q: can i be fired if i don’t want a job that i wasn’t originally hired for?
i was hired as a cook in a kitchen and i was involved in a car accident (Not Job Related) which caused me to be out of work for six months.Upon my return to work i sent them all my doctors notes and letters with a date of return i was informed that their are no more positions in the kitchen and their is only one position available which is a residential aide in a shelter and i’m only given one choice which is take the position or have no job.If i refuse the job is that considered being fired or wil i be Laid off I’m a cook i’m not familiar with what a residential aide does.
A:
If you were "at will" they needed no reason to terminate you.
It looks like you may have been disabled. At least temporarily. The FMLA would have protected your job for at least 12 weeks. You would have completed FMLA paperwork if your employer had more than 50 employees and if you had worked there for at least one year.
Even if you were not covered by the FMLA you could have asked for a reasonable accommodation of extended medical leave. You would have provided the employer with a date on which you expected to return to work.
It all depends on the communication between you and your employer. What they knew about your condition, what you told them, and when each of you thought you were returning to work and when.
If none of the above occurred maybe accepting their offer might be good? Not legal advice. No lawyer client relationship.
Call some employment lawyers to discuss more of your facts before making any decisions.
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